WWM v WWN: Division of Matrimonial Assets After Divorce
In WWM v WWN, before the General Division of the High Court (Family Division) in Singapore, the court heard appeals from both the Wife and the Husband regarding the division of matrimonial assets following their divorce. The Wife appealed DCA 12, arguing for a higher proportion of indirect contributions and the exclusion of $130,000 from the matrimonial pool. The Husband appealed DCA 13, contesting the exclusion of joint bank accounts, the apportionment of direct and indirect contributions, and the failure to consider his medical condition. The court allowed the appeals in part, adjusting the asset division based on recalculated direct contributions, but emphasized that the parties should not have appealed to adjust the sums received by less than 1% of the original asset pool.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Appeals allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning the division of matrimonial assets. The court adjusted the asset division, considering direct and indirect contributions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WWM | Appellant, Wife | Individual | Appeal allowed in part | Partial | Nevinjit Singh J |
| WWN | Respondent, Husband | Individual | Appeal allowed in part | Partial | Mrs Aye Cheng Shone, Natasha Choo Sen Yew |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nevinjit Singh J | Sureshan LLC |
| Mrs Aye Cheng Shone | A C Shone & Co |
| Natasha Choo Sen Yew | A C Shone & Co |
4. Facts
- The Wife and Husband were married on 16 May 1981 and have two adult children.
- The Wife is 69 years old and works as a personal assistant, earning $4,311.
- The Husband is 72 years old and retired as an operation supervisor with Exxon Mobil in 2020.
- The Wife filed for divorce on 11 April 2022, and Interim Judgement was granted on 27 October 2022.
- The Wife withdrew $150,000 from her CPF on 30 August 2021, giving $118,840 to their daughter.
- The parties signed a Deed on 21 August 2021 to facilitate reconciliation but also preserve the Wife's avenue for divorce.
- The Husband claimed the Wife used $100,000 for their daughter's condominium downpayment and did not object at the time.
5. Formal Citations
- WWM v WWN, District Court Appeal No 12 of 2024, [2024] SGHCF 27
- WWM v WWN, District Court Appeal No 13 of 2024, [2024] SGHCF 27
6. Timeline
| Date | Event |
|---|---|
| Marriage date | |
| Husband retired from Exxon Mobil | |
| Deed signed to facilitate reconciliation | |
| Wife withdrew $150,000 from her CPF | |
| $118,840 given to daughter for condominium purchase | |
| $118,840 given to daughter for condominium purchase | |
| Wife filed for divorce | |
| Interim Judgement granted | |
| Judgment reserved | |
| Judgment date |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court adjusted the division of matrimonial assets, considering the parties' direct and indirect contributions, and the inclusion/exclusion of certain assets.
- Category: Substantive
- Sub-Issues:
- Apportionment of direct contributions
- Apportionment of indirect contributions
- Inclusion of joint bank accounts in matrimonial pool
- Exclusion of assets from matrimonial pool
- Consideration of medical condition in asset division
- Related Cases:
- [2015] 2 SLR 195
- [2017] 1 SLR 609
- [2020] 2 SLR 588
- [2024] SGHCF 4
- Admissibility of Evidence
- Outcome: The court declined to admit the Children’s Affidavits because they were filed without leave of court as required under r 89(3) of the Family Justice Rules 2014.
- Category: Procedural
- Sub-Issues:
- Filing of affidavits without leave of court
- Relevance and necessity of evidence
8. Remedies Sought
- Division of Matrimonial Assets
- Appeal of District Judge's Decision
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
10. Practice Areas
- Divorce
- Family Law
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chan Tin Sun v Fong Quay Sim | Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited for the principle that an appellate court will not interfere with division orders unless the judge erred in law or exercised discretion wrongly. |
| TNL v TNK | High Court | Yes | [2017] 1 SLR 609 | Singapore | Cited for the principle that expended matrimonial money must be returned to the pool when divorce proceedings are imminent and the other spouse did not consent. |
| USB v USA | Court of Appeal | Yes | [2020] 2 SLR 588 | Singapore | Cited for the principle that assets are generally treated as matrimonial unless proven otherwise. |
| VQF v VQG | High Court (Family Division) | Yes | [2024] SGHCF 4 | Singapore | Cited for the principle that only half of the monies in mother-daughter joint accounts should be returned to the matrimonial pool. |
| USB v USA | Court of Appeal | Yes | [2020] 2 SLR 588 | Singapore | Cited to support the judicial disapproval of appeals to adjust sums received by less than 1% of the original asset pool. |
13. Applicable Rules
| Rule Name |
|---|
| Family Justice Rules 2014 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Direct contributions
- Indirect contributions
- Matrimonial pool
- Rule of survivorship
- CPF
- Deed
- Affidavits of means
15.2 Keywords
- divorce
- matrimonial assets
- division of assets
- family law
- singapore
- high court
- appeal
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Civil Procedure
17. Areas of Law
- Family Law
- Matrimonial Assets
- Division of Matrimonial Assets
- Civil Procedure